N.H. Admin. Code § Adm 1005.04

Current through Register No. 50, December 12, 2024
Section Adm 1005.04 - Additional Liabilities of Defendant
(a) To the minimum liability for legal expenses described in Adm 1005.01(a) shall be added:
(1) Any liability to repay the cost to the state for the provision of additional defense services and expenses established by judicial order;and
(2) Pursuant to RSA 604-A:9, I(f), a service charge of no more than 10 per cent of the total amount of counsel fees and expenses owed by a defendant under the circumstances described in (b) below.
(b) A defendant shall pay a service charge of no more than 10 per cent of the total amount of counsel fees and expenses owed the state when:
(1) The defendant has:
a. Expressly refused to make installment payments or to arrange for adjustments pursuant to Adm 1005.03; or
b. Has not made or has ceased making installment payments and has failed to contact the office of cost containment; and
(2) The office of cost containment has sent the defendant at least one letter indicating its intent to seek judicial enforcement of the repayment order and to impose a service charge, as specified in this section.
(c) After receiving the notice specified in (b)(2), above, a defendant shall either:
(1) Contact the office of cost containment to arrange to pay such liabilities; or
(2) Petition the court for an adjustment pursuant to Adm 1005.03; and:
a. Within 5 days of filing such petition, notify the office of cost containment that such petition has been filed; and
b. Within 5 days of the court's order on such petition, submit the order to the office of cost containment.

N.H. Admin. Code § Adm 1005.04

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06

Amended byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10728, Effective 10/25/2014, Expires10/25/2024.
Amended by Volume XL Number 24, Filed June 11, 2020, Proposed by #13050, Effective 7/1/2020, Expires 7/1/2030